CHAPTER 333
ANTIQUITIES ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
MONUMENTS

   3.   Declaration of monuments and conservation areas.

   4.   Control of monuments.

   5.   Restriction on certain activities in relation to monuments.

   6.   Acquisition of monuments and conservation areas.

   7.   Owners may require Minister to acquire monument.

PART III
RELICS AND PROTECTED OBJECTS

   8.   Relics discovered in Tanzania to be property of Republic.

   9.   Protected objects.

PART IV
DISCOVERY AND EXCAVATION

   10.   Discovery of relics and monuments.

   11.   No excavation or collection without a licence.

   12.   Persons to whom licence may be granted.

   13.   Conditions of licence.

PART V
EXPORT AND SALES

   14.   Exports.

   15.   Sales.

PART VI
POWERS OF LOCAL GOVERNMENT AUTHORITIES

   16.   Powers of local government authorities relating to monuments.

PART VII
MISCELLANEOUS PROVISIONS

   17.   Relics found in Tanzania before the appointed day.

   18.   Burden of proof.

   19.   Exchange of illicit antiquities.

   20.   Establishment of the Council.

   21.   Functions of the Council.

   22.   Establishment of National Fund for Antiquities.

   23.   Power to erect notice or tablet.

   24.   Power to hand over relics to museums, etc.

   25.   Power to appoint Honorary Antiquities Wardens.

   26.   Arrest.

   27.   Penalty.

   28.   Rules.

   29.   Application of the Land Acquisition Act.

   30.   [Repeal of R.L. Cap. 233 and amendment of Cap. 118.]

SCHEDULE

CHAPTER 333
THE ANTIQUITIES ACT

An Act to provide for the preservation and protection of sites and articles of archaeological, historical or natural interest and for related matters.

[1st August, 1964]

Acts Nos.
10 of 1964
[R.L. Cap. 550]
22 of 1979

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Antiquities Act.

2.   Interpretation Act No. 22 of 1979 s. 2">

   (1) In this Act, unless the context otherwise requires–

   "antiquity" includes a monument, a relic and protected object;

   "appointed day" means the first day of August, 1964;

   "conservation area" means any area declared to be a conservation area under section 3(2);

   "Conservator" means the person appointed to perform the functions of Conservator of Antiquities;

   "Council" means the Advisory Council for Antiquities established by section 20;

   "Director" means the Director of Antiquities;

   "discovery" means the finding of any object on or under land or in anything growing on the land or attached to or within the fabric or foundations of any structure, the presence of which was previously unknown to the owner, but does not include the recognition or identification as a relic or a relic of a particular description of any object previously in the known possession of any person;

   "ethnographical object" means any movable object made, shaped, painted, carved, inscribed or otherwise produced or modified by human agency in Tanzania after the year 1863, for use in any social or cultural activity whether or not it is still being used by any community in Tanzania, but does not include any object made, shaped, painted, carved, inscribed or otherwise produced or modified by human agency in Tanzania for sale as a curio;

   "Honorary Antiquities Warden" means any person appointed by the Director under section 25;

   "Minister" means the Minister responsible for antiquities;

   "monument" means and includes–

   (a)   any building, fortification, interment, midden, dam or any structure erected, built or formed by human agency in Tanganyika before the year 1863; and

   (b)   any rock painting or any immovable object painted, sculptured, carved, incised or modified by human agency in Tanzania before the year 1863; and

   (c)   any earthwork, trench, adit, well, cave, tunnel or other modification of the soil or rock dug, excavated or otherwise engineered by human agency in Tanzania before the year 1863, whether or not the monument shall have been modified, added to or restored at a later date and whether or not it is included in a list published by the Director; and

   (d)   any site or immovable structure declared to be a monument under section 3; and

   (e)   such adjoining land as may be required for the purposes of fencing, covering or otherwise preserving the monument;

   "Museum" means the National Museum of Tanzania established under any written law relating to museums;

   "protected object" means any ethnographic object or any wooden door or door frame carved in Tanzania, in any African or oriental style before the year 1940, and includes any object declared to be a protected object under section 9(1);

   "relic" means any movable object made, shaped, painted, carved, sculptured, inscribed or otherwise produced or modified by human agency in Tanzania before the year 1863, whether or not it shall have been modified, added to or restored at a later date and includes any human or other vertebrate faunal fossil or botanical fossil or impression, found in Tanzania.

   (2) The Director may, by notice in the Gazette, publish lists of monuments and conservation areas, and the inclusion of any place, site or structure in any list so published shall be prima facie evidence in all proceedings, whether criminal or civil, that the site or structure is a monument or a conservation area within the meaning ascribed to those expressions in subsection (1).

   (3) Any person aggrieved by the inclusion of any place, site or structure in a list published under subsection (2) may appeal, against the inclusion, to the Minister.

PART II
MONUMENTS (ss 3-7)

3.   Declaration of monuments and conservation areas Act No. 22 of 1979 s. 3">

   (1) The Minister may by order in the Gazette, declare any place or structure of historical interest to be a monument for the purposes of this Act.

   (2) The Minister may, after consultation with the Minister responsible for lands, by notice in the Gazette, declare to be a conservation area any area or site which–

   (a)   in his opinion is a valuable national heritage for its aesthetic value; or

   (b)   contains a homogenous group of monuments; or

   (c)   contains buildings, structures or other forms of human settlement which in his opinion are a valuable national heritage for their historical, architectural, social or cultural value.

   (3) Any person aggrieved by an order made under this section may appeal to the Minister for a review of the order and the decision of the Minister shall be final.

4.   Control of monuments

   (1) The Director, and any person authorised by him, may, at all reasonable times–

   (a)   enter and inspect any monument;

   (b)   fence, repair and otherwise protect or preserve any monument;

   (c)   search and excavate for relics in any monument and remove any relics hitherto undiscovered:

   Provided that–

   (i)   where the monument is a place of ordinary habitation or occupation, the Director and any such person aforesaid shall give the occupier not less than forty-eight hours' notice in writing of his intention to exercise any of the powers specified in this subsection;

   (ii)   nothing in this section shall authorise–

      (A)   the exclusion of the owner or any person beneficially interested in a monument, or any person authorised by him, from any part of the monument;

      (B)   the excavation of any monument, or any search for relics in a monument which is a place of ordinary habitation or occupation without the consent of the owner.

   (2) Any person who wilfully obstructs the Director or any other person authorised by him in that behalf in the exercise of his powers under subsection (1) commits an offence against this Act.

5.   Restriction on certain activities in relation to monuments

   (1) Subject to the provisions of subsection (2), no person, whether beneficially interested or not, shall do any of the following acts to or in relation to any monument or protected object declared as such by the Minister under section 3, or included in a list published by the Director under section 2 and for the time being in force, or to any other place, site or structure which he knows or has reasonable cause to believe to be a monument, that is to say–

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